Public engagement can be used during the NEPA process to enhance the quality and durability of decisions as well as increase public trust and improve relationships with stakeholders.
Note: this page assumes readers have a basic understanding of NEPA regulations, terms, and processes. See the Council on Environmental Quality’s NEPA.gov site, the Environmental Protection Agency’s What is NEPA page, or the Department of Interior’s NEPA page for background information.
What levels of public engagement are possible in NEPA?
NEPA regulations allow agencies considerable flexibility in engaging the public. In fact, NEPA processes can make use of nearly every level of the Spectrum of Engagement. The table below, adapted from the Council on Environmental Quality, indicates how each level of engagement can factor into NEPA decision-making. We have not included the “Empower” level of the spectrum here, as federal agencies do not have the option of delegating decision authority.
| Inform | Consult | Involve | Collaborate |
Agency Commitment | Provide the public with comprehensive, accurate, and timely information about its NEPA decision-making. | Keep the public informed and consider their concerns and suggestions. Provide documentation of how their input was considered in the decision-making process. | Communicate to ensure that suggestions and concerns are addressed and reflected (within legal and policy constraints) during the decision-making process. Provide feedback on how input is considered in decision-making at various steps during the NEPA process. | Work directly with the public at one or more stages of the NEPA process, seeking their advice and agreement on the purpose and needs statement, alternatives, collection, and use of data, impact analysis, development of a preferred alternative, and/or recommendations regarding mitigation of environmental impacts. |
Agency Goal | Provide sufficient objective information for the public to understand the issues being addressed through the NEPA process. | Obtain feedback on issues in the NEPA process, the alternatives considered, and the analysis of impacts. | Consistently solicit and consider public input throughout the NEPA process to ensure that concerns are understood and addressed before the analysis of impacts is concluded and a final decision made. | Directly engage the public in working through aspects of the NEPA process potentially including the framing of the issues, the development of a range of reasonable alternatives, the analysis of impacts, and the identification of the preferred alternative – up to, but not including, the agency's Record of Decision. |
NEPA Phase | Scoping, draft, and final review and comment periods | All phases | All phases | All phases |
Processes | Fact Sheets, Newsletter, Web Site, Open House, Panel Presentations, Public Meetings. | Notice and Comment, Surveys, Focus Groups, Consultation, Tribal, State, Public Meetings. | Workshops, Deliberate Polling, Individual and/or group consultations, advisory committee. | Individual and/or group consultations, advisory committee, consensus-building, facilitation, interagency working groups, mediation, joint fact-finding. |
Opportunities for public engagement throughout NEPA
The following information indicates how public involvement can factor into each step in the NEPA process.
When is public involvement required?
NEPA requires an agency look at the environmental consequences of a proposed action before implementing that action. The extent of public involvement required under NEPA is dependent on the potential impacts of the Federal action. How you to should involve stakeholders and the public will vary depending on whether the agency’s action qualifies for a Categorical Exclusion (CatEx) or a more detailed analysis of the impacts of the action and alternatives is required through the development of either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS).
- CatEx. There is no NEPA requirement for public involvement when an agency’s action qualifies for a Categorical Exclusion (CatEx or CE). However, agencies should make an effort to involve any interested parties and consider the level of public interest when categorically excluding a project. While not mandated, engaging stakeholders can reduce conflicts and legal challenges.
NEPA does require public involvement when an agency is preparing either an Environmental Assessment (EA) or Environmental Impact Statement (EIS).
- EA. NEPA requires public involvement in the EA process “to the extent practicable.” In other words, this public involvement can vary dependent on the proposed action and the level of stakeholder and public. At a minimum, agency staff should consider providing opportunities for public involvement during informal or formal scoping, a 30-day public review and comment period.
- EIS. There is a formal public involvement process required under NEPA when an agency’s proposed action may have significant impacts requiring them to develop an EIS. This requires at a minimum publishing a Notice of Intent in the Federal Register, formal scoping, public review and comment on the Draft EIS, and notice of the Final EIS and Record of Decision.
At what point in the NEPA process is public engagement considered?
Public involvement can occur at any and all points along the EA and EIS development and implementation processes.
Proposed Action/Purpose and Need
As part of the process of developing a purpose and need statement, agency staff should consider conducting a situation assessment and stakeholder analysis. This is where agency staff can begin developing a public involvement strategy. This strategy is best thought of as an adaptive process as it will likely change during the life cycle of the NEPA process. A stakeholder assessment at this stage can help identify key members of the public and begin to take into consideration their interests, desired levels of involvement, and potential modes of involvement. Similarly, this is an appropriate time to begin coordinating with other federal agencies who may have a role.
Notice of Intent
For EISs, the publication of a “Notice of Intent” in the Federal Register is the first formal NEPA step. While publishing the notice of intent falls under “Inform” in the spectrum of engagement, agencies can use the Notice to indicate a commitment to public engagement throughout the process. Agencies may also place supplemental notifications on websites, newspapers, newsletters, and other forms of publicly accessible media.
Scoping Defined
Scoping is a vital part of the planning stage of an environmental review document. During pre-scoping and scoping, citizens, either individuals or groups, are encouraged to interact with agency officials through a variety of methods and provide input into government decisions that may affect them. Scoping helps the agency identify issues of significance to the affected stakeholders and other interested citizens that the agency may want to take into account. Scoping, when done well, can help reduce paperwork and costs, project delays, and improve the overall effectiveness and efficiency of the NEPA process.
- Pre-Scoping - Pre-scoping is a critical step for promoting public involvement. Before official scoping begins, the lead agency should develop a public involvement strategy. The content and extent of the strategy will be dependent on the type, scale, complexity, and the nature of any potential controversy. This strategy is best thought of as an adaptive process as it will likely change during the life cycle of the NEPA process. Beginning the public involvement early in the process allows the agencies to build relationships and establish trust with stakeholders, obtain information relevant to the project, and open a line of communication before official scoping and alternatives development begins.
Scoping - Environmental Assessments: Scoping may be prudent during the preparation of an EA. Meetings, hearings, workshops, and other opportunities for providing verbal input on projects of public interest is generally a good idea, especially for projects that are controversial or when there is strong public interest. Agencies usually make draft versions of the EA available for public comment and will often engage the public in collaborative methods of scoping.
Scoping - Environmental Impact Statements: While it is required for agencies to solicit input from the public for an EIS, NEPA clearly notes that the lead agency is ultimately responsible for determining the scope of an EIS and that suggestions made by members of the public during scoping are only options for the agency to consider.
For EISs, scoping may occur through meetings, newsletters, or through other communication outlets. The level of involvement will depend on the anticipated impacts of the project, the level of local or national interest, and the level of controversy of the proposed project.
Agencies may involve the public at the consult, involve, or collaborate level of involvement with a degree of information transfer at each level.
Alternatives Development/Preferred Alternative
The agency should consider developing alternatives collaboratively with interested members of the public. Collaborating with other agencies and stakeholders including tribes and local government at this point in the NEPA process can limit potential conflicts and legal challenges by increasing the credibility and legitimacy of the analysis.
The lead agency should also take into consideration comments and concerns received during pre-scoping and scoping when developing alternatives for an EIS. To maximize public agreement on alternatives, public workshops, meeting with advisory committees, working with stakeholder groups as well as non-governmental organizations can reduce future conflicts making the NEPA process more effective and efficient.
Review of Draft and Final EAs and EISs
Public review and comment and of the draft EAs and EISs might be conducted through written comments, workshops, meetings with interested stakeholders to explain the draft document and obtain feedback, and other various methods depending on the relationship between the agency and stakeholder groups. The public will also usually have 30 days to review the final EAs and EISs before a ROD or FONSI is issued. However, there is no requirement to respond to any public comments received after the final EAs or EISs are published.
Implementation and Monitoring
After the lead agency releases the Record of Decision (ROD) or Finding of No Significant Impact (FONSI), interested stakeholders may be called upon to help monitor the implementation of the ROD or FONSI.
